DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

MUCHIPARA, BURDWAN.

Consumer Complaint No. 63 of 2016

Date of filing: 08.4.2016                                                                    Date of disposal: 12.5.2016

Complainant:               Mata Prosad Chatterjee, S/o. Late Bholanath Chatterjee, 8, Goods Shed Road, Burdwan – 1.

-V E R S U S-

Opposite Party:    1.     Hindusthan Petroleum Corporation Ltd., Registered Office 17 Jamshedji Tata Road, Bombay – 400 020, through the Manager, Hindusthan Petroleum Corporation Ltd., Rajbandh Branch, Rajbandh, Burdwan, PIN – 713 212.

2.      Mr. A. K. Sonar, Sales Officer in charge, dealing with Hindusthan Petroleum Corporation Ltd., Rajbandh, Burdwan, PIN – 713 212.

3.      Kitchen Flame, Dealer and represented by Kundan Singh, Dealer of OP No. 1, 4 Mahatab Road, Uttar Phatak, Burdwan.

4.      Economic Electric Company, Monimart, Burdwan, 713 101, Dealer of O.P.No. 1. Represented by Subhasish Chakraborty.

5.      Kalaneswari Gas Company, Keshabganj Chati, Burdwan, dealer of O.P.No. 1, represented by Sanjoy Mondal, PIN – 713 103.

Present:      Hon’ble President: Sri Asoke Kumar Mandal.

                        Hon’ble Member: Smt. Silpi Majumder.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:      Ld. Advocate, Bikash Kumar

Order No. 04, Dated: 12.05.2016

The complainant is present through the ld. Advocate by filing hazira. Today is fixed for admission hearing of the complaint. During hearing of the admissibility of the complaint it is noticed by us that the complaint is barred by limitation.

It is seen by us that being a consumer of Gas from the Hindustan Petroleum Corporation Ltd. in respect of domestic connection he used to get gas cylinder as per booking. He got the said gas connection on 19.9.2007. At the very outset he got single cylinder gas connection and thereafter he got double cylinder facility. He got gas cylinder regularly till June 2006. It is stated by him that being a senior citizen he was affected serious ailments including heart disease, knee problem, UTI problem, enlargement of prostate gland, shortage of breathing and due to above-mentioned ailments he could not move without taking help from a companion and vehicle. He is under continuous treatment at R.N. Tagore International Institute of Cardiac Science, Mukundapur since 31.5.2008. In addition he was also under the treatment of Dr. M.S. Ghosh of Nightingale Hospital and Kothari Hospital. For Urinary troubles he is under the treatment in Burdwan Medical College & Hospital and for getting better management occasionally he used to move New Delhi at R.G. Hospital, New Delhi. For shortage of breathing he is taking treatment at Lady Hardinge Hospital. In the paragraph no. 6 of the complaint it is stated by the complainant that in the meantime the dealership of Op-3 was discontinued by the Op-1 but no information was received by the complainant either from the Op-1 or the Op-2. Due to such reason he is not getting gas cylinder from the Op-1. Where the complainant is residing the office of the Op-4 is located therein and for this reasons he himself as well as through the messenger tried to ascertain as to whether his consumer number was allotted to the Op-4. He also contacts with the Op-5 whether number was allotted or not to it, but no reply has yet been received by him. In July 2015 the complainant was advised by the Op-4 to contact with the Sales Officer of the Op-2 to sort out his problem and accordingly he went there who after hearing in detail and going through the documents advised the complainant to submit a petition enclosing the copies of the receipts and accordingly the complainant has complied with the same. But till filing of this complaint no fruitful result has been yielded on behalf of the Ops. Hence, by filing this  complaint he has prayed for direction upon the Op-1&2 to allot the consumer connection along with number to its authorized dealer preferably with the Op-3, to collect the empty cylinders after replacing the same with filled cylinders, to direct the Op-1 for remitting the deposit slip to the new dealer along with cost and compensation.

The complainant has filed several documents in support of his complaint. At the time of hearing we asked the complainant that though after 2006 he did not receive any gas cylinder from then Op-1, why the complainant did not move before this ld. Forum within the statutory period of limitation i.e. by 2008. We have noticed that the blue book reveals that the complainant received gas cylinder lastly on 30.5.2006 and thereafter no cylinder has been received by him or supplied him by the Ops. There is no scrap of document in this record to prove that in spite of booking the Ops neglected to supply the gas cylinder to him. As during that period the booking was used to make not through mobile phone booking system, hence there should be documentary evidence that the complainant booked gas cylinder before the Ops and inspite of his booking he did not get the same. From the petition of complaint it is evident that cause of action arose in the year 2006. Therefore the complainant was under obligation to approaches before this ld. Forum within two years from the date of cause of action to save the period of limitation.  But in the complaint it is mentioned by the complainant that for the first time written correspondence was made by him on 2015. No description has been made out by him as to how he consumed the prolonged time from 2006 to 2015. Though the complainant has stated that he was under the treatment of various doctors due to his several ailments but the OPD tickets at BMCH reveals that he was treated therein on 05.11.2014. Next document is showing the date as 26.12.2015. Third document reveals the date as 19.12.2015 etc. The last document of R.N. Tagore Hospital shows the date as 31.3.2015. Therefore the statement as made out by the complainant that due to illness he did not take any step with the Ops to supply the gas cylinder to him, the documentary evidences do not substantiate the contention of the complainant. As the complaint is hopelessly barred by limitation, the same cannot be admitted.

Going by the foregoing discussion hence, it is

O r d e r e d

that the complaint is dismissed without being admitted due to barred by limitation.

Let plain copy of this order be supplied to the complainant free of cost as per provisions of Consumer Protection Regulations, 2005.

                     (Asoke Kumar Mandal)        

             Dictated and corrected by me.                                                 President       

                                                                                                        DCDRF, Burdwan

                      (Silpi Majumder)                                                   

                               Member                                                                

                     DCDRF, Burdwan

                                                   (Pankaj Kumar Sinha)                          (Silpi Majumder)

                                                             Member                                                      Member    

                                                     DCDRF, Burdwan                               DCDRF, Burdwan